Best Bobby Debelak Podcasts (2025)

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149: Jennifer Polovetsky on the Special Benefits Rule and Trade Fixtures 52:40

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2M ago52:40

52:40

Jennifer Polovetsky of Duane Morris LLP’s New York office joins the show to discuss a grab bag of eminent domain issues. The first segment focuses on the special benefits rule (and how it is distinct from the Miller, or Project Influence, Rule). Following that, Jennifer discusses trade fixture issues under New York law, and the differences between …

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148: Jeff Meader of Eminent Domaine Wine 43:25

3M ago43:25

43:25

Jeff Meader of Eminent Domaine wine joins the podcast to give a landowner's perspective on experiencing eminent domain. Jeff formerly owned a commercial building in Portland that was taken by a local metro transit authority to install a light rail line. After that experience, Jeff took the proceeds and started a winery. In the episode, Jeff talks a…

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147: Kristen Renfro on the Intersection of Physical Takings and Tort Law 1:09:39

4M ago1:09:39

1:09:39

In this episode, Kristin Renfro, a California condemnation attorney, joins the show to discuss inverse condemnation and its intersection with tort law. Kristen describes her experience litigating a case involving a catastrophic landslide. She details how inverse condemnation differs from tort law in that it requires no fault—only that a public proj…

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146: Tom Malapit & Eric Rochford on the Largest ED Jury Award in Indiana 1:09:45

4M ago1:09:45

1:09:45

In this episode, Tom Malapit and Eric Rochford--two Indiana condemnation lawyers--join Bobby to discuss a significant eminent domain case they tried last year in Indiana, which they believe is the largest jury verdict in an Indiana condemnation proceeding. They detail the challenges of the case, including the initial offer from the school corporati…

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145: Adequate vs. Just Compensation: A Distinction Without a Difference? 57:12

5M ago57:12

57:12

A few weeks ago, Bobby was invited to give a presentation to IRWA Chapter 36’s Spring Seminar on the history of Texas’s takings provision—specifically, the evolution of the term “adequate compensation” and what difference there is, if any, between that term and the U.S. Constitution’s use of “just compensation.” This episode is a live recording of …

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144: Christina Martin on Hennepin County & Everything After 49:32

6M ago49:32

49:32

Christina Martin of the Pacific Legal Foundation joins to discuss litigating Hennepin County to the Supreme Court. Christina shares some stories about moot arguments ahead of oral arguments with Paul Clement, and compares the tax foreclosure sale in Hennepin to traditional bank foreclosures. After discussing the case, Christina talks about her curr…

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143: Joe Wilkinson on Technology and Marketing in ED Cases 1:03:56

6M ago1:03:56

1:03:56

Joe Wilkinson of The Avenue Research Group joins the podcast to talk about technology in marketing for eminent domain cases. In addition to traditional mail marketing, Bobby and Joe talk about broader marketing strategy campaigns, geofencing, AI, and why marketing research should both reach clients and also inform lawyers about projects. At the end…

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142: The Great Attorneys' Fees Debate with Emilio Longoria 1:05:07

7M ago1:05:07

1:05:07

Emilio Longoria returns to the podcast to make the argument for why condemning authorities should pay landowners' attorneys fees in eminent domain cases. Bobby plays Devil's Advocate and presents the arguments for the existing default rules. After discussing the legal background arguments, they examine a sample of different state structures as exam…

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141: Robert McNamara on Arguing Devillier to the Supreme Court & the Self Executing Just Compensation Clause 50:08

7M ago50:08

50:08

Robert McNamara of the Institute for Justice joins to talk about his oral argument to the Supreme Court of the United States in Devillier v. Texas. Robert discusses how he prepared for argument, what was at stake for his client, and what it means for eminent domain practitioners more generally. In the cross exam, Robert shares how much coffee he dr…

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140: Alan Lichtenstein on Helping Landowners with the Tax Impact of Eminent Domain 1:08:55

7M ago1:08:55

1:08:55

In this episode, Alan Lichtenstein joins to discuss one avenue for landowners facing eminent domain to potentially minimize the tax impact of takings: 1033 Exchanges. The episode begins with a general discussion of the requirements of 1031 (or, voluntary) exchanges, which listeners may be more familiar with. Alan then explains some of the additiona…

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139: Live from San Diego! ALI-CLE 2025 Conference Coverage 22:37

8M ago22:37

22:37

In this episode, we interview a handful of guests--presenters, first timers, and repeat attendees from the 2025 ALI-CLE Eminent Domain and Land Valuation Conference. Note: Next Year's conference will be in Savannah, GA. Links: ALI-CLE 2025 Conference Information: https://www.ali-cle.org/course/Eminent-Domain-and-Land-Valuation-Litigation-2025-CG204…

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138: David Dominy & Cameron Boone on Control of Access Issues in Appraisal 49:17

8M ago49:17

49:17

In this episode, David Dominy and Cameron Boone (two appraisers with JLL) discuss property access issues, and how changes in either the quality or quantity of access can impact valuation in eminent domain proceedings. Throughout, they distinguish control of access from circuity of travel issues, discuss a few of the key Texas legal principles and c…

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137: Anthony DellaPelle on His Year as the Global Chair for The Counselors of Real Estate 1:03:15

9M ago1:03:15

1:03:15

Anthony DellaPelle returns to the show, this time to discuss his recent tenure as the global chair for the Counselors of Real Estate. Anthony explains what separates CRE from other real estate organizations, how he became involved, why he accepted the invitation to join its leadership, and the various activities in the organization that he has been…

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136: Robert Thomas on the ED Year in Review and 2025 ALI-CLE Preview 1:18:18

10M ago1:18:18

1:18:18

Robert Thomas joins Bobby Debelak to discuss the most interesting legal developments from 2024, cases to watch next term, and previews the 2025 ALI-CLE conference to be held in San Diego at the end of January 2025. At the end, a musically themed cross-examination includes Robert's dream set list of 70s bands. Links: https://pacificlegal.org/staff/r…

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135: Nick Atwood on Oklahoma ED Procedure, Litigation Strategy, and Taking a Six-Year Case to Trial 1:22:28

10M ago1:22:28

1:22:28

Bobby interviews Nick Atwood, a trial lawyer with Ritchie Rock & Atwood in Shawnee, Oklahoma. Bobby and Nick discuss the procedural process for ED cases in Oklahoma, a protracted and unique six-year case that Nick recently tried against the Oklahoma Turnpike Authority, attorneys' fees issues under OK law, and how to work with clients. Throughout, B…

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134: Richard and Leah Rothstein on Just Action and Property Rights Advocacy 52:46

11M ago52:46

52:46

Richard and Leah Rothstein join the podcast to discuss the history of government action that aided in the creation and enforcement of segregation in American Neighborhoods--and, importantly, what all citizens can do in their communities to undo those injustices. Mr. Richard Rothstein is a Distinguished Fellow of the Economic Policy Institute and a …

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133: Hon. Andrew Edison and the Longest ED Case in American History 56:43

11M ago56:43

56:43

Judge Andrew Edison joins the podcast to discuss the longest land takings fight in American History--the Black Hills of South Dakota land dispute--which has now spanned more than a century. An episode in legal history and includes lessons for lawyers in staying with the fight. Links: https://www.txs.uscourts.gov/page/judge-andrew-m-edison-biography…

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132: Scholarship Round Up with Profs. Jessica Asbridge and Emilio Longoria 1:06:26

12M ago1:06:26

1:06:26

Professors Jessica Asbridge and Emilio Longoria join host Bobby Debelak to discuss their favorite property law and eminent domain papers of the last year. The scholarship covers the argument for at-will employment as a taking, originalist interpretations of the constitution, deed restrictions, the contract clause, and more. Paper Links: Michael L. …

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131: Tom Forestier on the Austin Airport case, Alamo Plaza taking, and Litigating with Media Coverage 1:18:19

12M ago1:18:19

1:18:19

Tom Forestier of Winstead PC joins the show to talk about a career of litigating high profile eminent domain cases, including his work in recent years with the Austin Airport taking case and the expansion of the Alamo Plaza. Bobby and Tom discuss the growing impact of media, from the advent of social media, impacts on grassroots efforts, and handli…

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130: Prof. Ilya Somin on Briefing in Kelo, Exclusionary Zoning, and Finding Common Ground in Property Law 52:53

1y ago52:53

52:53

Professor Ilya Somin of George Mason University and the Cato Institute discusses his work in drafting amicus papers in the Kelo case, working with Jane Jacobs, writing a book on Kelo (The Grasping Hand) a decade after the decision, and his current work on the costs of exclusionary zoning. Throughout, Bobby and Prof. Somin discuss the common ground …

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129: Under New Management: The Eminent Domain Podcast Returns! 24:22

1y ago24:22

24:22

The Eminent Domain Podcast returns! Clint Schumacher passes the torch (microphone) to a new host, Bobby Debelak. Clint introduces Bobby, they discuss their eminent domain experience, and plans for the show going forward.By Clint Schumacher & Bobby Debelak

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128. Farewell Episode 12:43

1+ y ago12:43

12:43

In this final and farewell episode of the podcast, we reflect on the many guests and therefore perspectives that we have had on the show, and the important issues we have discussed over the last several years. There is also a behind-the-scenes story from the early years of the podcast. Thank you to all the guests and listeners who have made this po…

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127. Robert Thomas on Eminent Domain Cases to Watch and the 2024 ALI-CLE Eminent Domain and Land Valuation Litigation Conference 48:36

2y ago48:36

48:36

Robert Thomas of Pacific Legal Foundation joins us for a review of three impactful cases that eminent domain practitioners should watch as they work their way through the courts. We also get a preview of the 2024 ALI-CLE Eminent Domain and Land Valuation Litigation Conference that will be held in New Orleans this coming February. Click here for inf…

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126. Brandi Kellam and Louis Hansen on the Displacement of the Shoe Lane Community 36:42

2y ago36:42

36:42

Investigative journalists Brandi Kellam and Louis Hansen have uncovered the story of the Shoe Lane community in Newport News, Virginia, a middle-class black neighborhood that has been largely displaced and thwarted in its plans for growth by the establishment and expansion of a local university. Louis and Brandi’s work underlines the true impacts o…

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125. Professor Shelley Ross Saxer on Inverse Condemnation Claims in Hawaii Wildfire Litigation 28:38

2y ago28:38

28:38

Professor Shelley Ross Saxer joins the show to discuss the role that the damaging clauses found in more than half of state constitutions across the United States play in inverse condemnation claims related to natural disasters such as the recent Hawaii wildfires. Professor Saxer’s book: Social Ecological Resilience and Sustainability Please share y…

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124. Stephen Clarke on Important Considerations in Settlement Agreements 33:40

2y ago33:40

33:40

The overwhelming majority of eminent domain cases settle, and Stephen Clarke of the Waldo & Lyle law firm in Virginia joins the show today to share insights on negotiating and documenting settlement agreements effectively. We also talk about his most recent appearance on the game show Jeopardy! Please share your thoughts on the show or this episode…

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Matthew Ackerman on Subjective Losses in Takings 26:45

2y ago26:45

26:45

Matthew Ackerman of the Ackerman & Ackerman law firm in Michigan joins the show to discuss what he has called “the pitfalls of objectively measured just compensation” – in other words, the ways in which fair market value may not make a property owner whole in the wake of a taking. Matthew also dives into potential reforms to address the intangible …

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122. Jim Lang on Sackett v. EPA 44:53

2y ago44:53

44:53

James Lang of the Pender & Coward law firm joins the podcast to talk about the recent U.S. Supreme Court decision in Sackett v. EPA. He also discusses the historical definitions used for the term “waters of the U.S.,” important in understanding the jurisdiction of the federal government to regulate land under or adjacent to waterways. Texas A&M Ass…

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121. Deborah La Fetra on FOMB for Puerto Rico v. Cooperativa de Ahorro y Credito Abraham Rosa 27:38

2y ago27:38

27:38

Deborah La Fetra of the Pacific Legal Foundation joins us to talk about the case of Financial Oversight and Management Board for Puerto Rico v. Cooperativa de Ahorro y Credito Abraham Rosa, a unique case where the boundaries of just compensation and governmental restructuring collide. Deborah and PLF served as counsel for several of the unpaid prop…

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120. Will Thomsen on the Valuation of Business Goodwill 31:53

2y ago31:53

31:53

In some jurisdictions, the loss of business goodwill is compensable in condemnation cases. Chartered Financial Analyst and Accredited Senior Appraiser Will Thomsen joins the show to discuss the factors that contribute to business goodwill, how he measures the impact of a taking on business goodwill, the evidence he relies on to support his valuatio…

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119. David Koller on Machinery and Equipment Valuation 17:40

2y ago17:40

17:40

David Koller of Cushman & Wakefield’s Chicago office joins the show to discuss his specialization of machinery and equipment valuation. We talk about the methodology involved, some unique examples of his work, how equipment appraisers collaborate with other professionals in the valuation process, and David’s advice to property owners with a need fo…

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118. Elizabeth Larrick on Preparing Witnesses for Deposition 37:28

2y ago37:28

37:28

Personal injury attorney and trial consultant Elizabeth Larrick joins the show to share her wisdom on preparing witnesses for deposition. We talk about assessing the strengths and weaknesses of witnesses, using preparation time effectively, the tools and technology she finds useful, and encouraging hesitant clients. Elizabeth’s expertise is invalua…

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117. Corridor Preservation - Valuation Issues Posed by Efforts to Restrict Development in Future Highway Corridors with Richard Marchitelli and Cory Savik 33:21

2y ago33:21

33:21

Richard Marchitelli and Cory Savik join the podcast to talk about their work in a series of inverse condemnation cases arising in North Carolina when the State sought to restrict or prohibit development within corridors where they planned future projects. Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If yo…

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116. Brad Kuhn on Trying an Eminent Domain Case 23:11

2+ y ago23:11

23:11

Brad Kuhn of Nossaman, LLP in Orange County, California joins the podcast to talk about trying an eminent domain case to a jury and his thought process around voir dire, opening statements, and presentation of appraisal evidence. There are some great nuggets of wisdom. Please share your thoughts on the show or this episode with me. I’m on Twitter @…

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115. Mike Schopmeyer and Michael DiRienzo’s Post-Kelo Victory in Indiana 30:57

2+ y ago30:57

30:57

Mike Schopmeyer and Michael DiRienzo of Kahn, Dees, Donovan & Kahn, LLP in Evansville, Indiana join the show to talk about a case that they recently completed and took through appeal called Guzzo v. Town of St. John. It is an interpretation of Indiana’s post-Kelo legislation and also involves issues of highest and best use. Since the recording of t…

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114. Jon Houghton and his Penn Central Quest 34:55

2+ y ago34:55

34:55

In this episode, Jon Houghton with Pacific Legal Foundation joins to discuss the Penn Central test, why he wants to change it, and what he is doing about it. We also discuss NY Jets football and the big Aaron Rodgers trade. Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future sho…

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113. Friction in the Negotiation Process 42:27

2+ y ago42:27

42:27

This episode is the audio from a presentation given to the local International Right of Way Association on the topic of obstacles that arise in negotiations. It is a candid discussion about issues that arise on either side of an eminent domain negotiation that create friction. Please share your thoughts on the show or this episode with me. I’m on T…

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112. Kady Valois on The Importance of Easement Language 31:18

2+ y ago31:18

31:18

Kady Valois of Pacific Legal Foundation joins to discuss the recent case of Behrens v. United States from the Federal Circuit. This is a rails-to-trails case where the outcome hinged on the language of an old easement. The issues in this case have applicability in many types of cases involving the acquisition of easement rights. Please share your t…

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111. Authenticity as an Eminent Domain Trial Lawyer 17:03

2+ y ago17:03

17:03

The person who is unafraid to show their authentic self is a powerful advocate. Authenticity gives us greater empathy for our clients, for the jury, even for opposing witnesses. Today’s episode is about identifying our core values and understanding our authentic self – important processes for excelling in all areas of life, including the honorable …

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110. Chris Clough on a Taking at the Austin Airport 35:44

2+ y ago35:44

35:44

Chris Clough, Managing Partner for Barron, Adler, Clough and Oddo, PLLC in Austin, Texas joins us to talk about an eminent domain case involving the Austin airport. The Special Commissioners awarded Chris’s client $90 million. We also talk about Texas condemnation procedure, as well as how he got into the eminent domain practice area. Please share …

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109. Paris, Texas with Sydney Young 24:31

2+ y ago24:31

24:31

In this episode, Sydney Young joins to talk about her hometown of Paris, Texas, and the effect of an expansion of its main roadway, Loop 286. She also talks about how title companies work (she owns one!). Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas f…

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108. Special Joint Episode with the Infrastructure Junkies - Mayor Steve Adler 39:26

2+ y ago39:26

39:26

This special joint episode of the Eminent Domain Podcast and the Infrastructure Junkies features civil rights lawyer turned eminent domain lawyer turned major city mayor, Steve Adler. The former mayor of the City of Austin joins us to talk about his perspective on eminent domain from someone that has seen it from all sides. He shares stories from h…

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107. Kevin Twining on Project Financing 36:33

2+ y ago36:33

36:33

Kevin Twining, a partner in Locke Lord, LLP’s Dallas office and co-chair of the firm’s public finance group, joins us to discuss financing for large infrastructure projects. Sometimes that means accessing the public markets, sometimes it means financing through private banks. Kevin gives us a look behind the curtain to see how public entities acqui…

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106. Professor Jessica Asbridge on Private Delegations of the Eminent Domain Power 31:02

2+ y ago31:02

31:02

Professor Jessica Asbridge of Baylor Law joins the podcast to discuss her upcoming law review article addressing the private delegation of the eminent domain power. We have an insightful conversation that concerns the law and policy around private companies, such as pipelines, that exercise the eminent domain power, why that exercise is often subje…

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105. Holiday Special 2022 30:18

3y ago30:18

30:18

Many thanks to our twelve past podcast guests who joined to share some special memories and traditions from holidays in the past, or events they are looking forward to this year. This was some great content, and I hope it will spur your own sweet memories, or maybe give you ideas for time with friends or family this year. Please share your thoughts…

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104. Shane Rayman on Annapolis Group, Inc. v. Halifax Regional Municipality 26:51

3y ago26:51

26:51

Shane Rayman of Rayman Harris LLP in Toronto, Ontario joins the show to discuss a recent case out of the Supreme Court of Canada, Annapolis Group, Inc. v. Halifax Regional Municipality. Shane served as counsel for the Canadian Home Builders’ Association, an intervenor in the case. The case deals with regulatory takings, and we discuss Canadian law …

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103. Pike Off OTA Leaders Share Their Mission 31:20

3y ago31:20

31:20

Today, we are joined by the leaders of Pike Off OTA, a grass-roots organization formed initially to prevent the development of two proposed turnpikes, the East-West Corridor and the South Extension, that are in the vicinity of Oklahoma City. Dr. Michael Nash, President, Whitney Mullica, Vice-President, and Dr. Amy Cerato, Board Member, talk to us a…

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102. James Singer on Dr. H. Phillip Venable and "Reckoning in Creve Coeur" 48:38

3y ago48:38

48:38

James Singer, a labor and employment attorney at the law firm of Schuchat, Cook & Werner in St. Louis, Missouri and winner of the Owners' Counsel of America's Crystal Eagle Award, joins the show today to tell the important and compelling story of Dr. H. Phillip Venable, who lost his home to a racially motivated condemnation action by the City of Cr…

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101. Sophia Holley on Right-to-Take Laws and Diversity in the Legal Profession 32:34

3y ago32:34

32:34

Sophia Holley, the founder of Holley Law in Cincinnati (and a former partner at KMK Law, at the time of this episode recording), joins us today to talk about right-to-take laws in her home jurisdictions of Ohio and Kentucky. She also discusses the importance of diversity in law firms, the strengths women bring to the legal profession, and how to me…

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100. Robert Thomas on Eminent Domain, Law Practice, and Life 1:02:05

3y ago1:02:05

1:02:05

Joining us to celebrate 100 episodes of The Eminent Domain Podcast is long-time friend of the podcast Robert Thomas, Senior Attorney at Pacific Legal Foundation, Joseph T. Waldo Visiting Chair of Property Rights at William & Mary Law School, and elected member of the American Law Institute. Robert lets us know which eminent domain cases and issues …